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Evertek Customer Terms Agreement

PLEASE READ THIS DOCUMENT CAREFULLY.
This is a legal agreement between you and Evertek Computer Corp.
BY JOINING, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT

This Agreement states the terms and conditions upon which Evertek offers its products and services.

TERMS

No Price Protection or Stock Rotation:

Evertek does not offer any type of price protection or stock rotation.
We often drop prices suddenly and without notice.

We diligently strive to provide as accurate information as possible. However, as all specifications and
descriptions are provided by the supplier of the product, we make no warranty expressed or implied with
respect to accuracy of the information, including price, descriptions, specifications, and/or quantities.
Both the product and manufacturer names are used only for the purpose of identification. Pictures are
representational only. Packaging of actual unit may vary.

Minimum Order:

We ONLY sell wholesale. Minimum Order is $100.00. For orders under $100.00, there is a $10.00 surcharge.
(International orders require $1,000 minimum)

Domestic Sales Terms:

New Domestic accounts are typically set up on Credit Card terms (we
accept Visa, MasterCard, or American Express.) For existing COD customers we
use a check guarantee service for all COD Company Check shipments. If
we are unable to get an approval on your company check order, you will
be given the option to pay by Visa / Master Card / American Express or
COD Cashier Check. Orders over $10,000 must be prepaid by wire
transfer.

Company Checks:

We cannot accept personal checks. The address printed on your company
check must be the same as the ship to address.

Late Fees:

Evertek charges late fees (unpaid invoices for any reason) at a rate of 2% for the first 30 days overdue,
5% each month thereafter. We reserve the right to waive the fee entirely at our own discretion.

International Sales Terms:

International sales are on a prepaid wire transfer basis only. We do
not accept credit cards nor Letters of Credit L/C's.

NSF Policy:

Any returned check will disqualify the account from any future Company Check Privileges and may be liable for triple damages,
service fees, collection fees and attorney's fees.

Credit Cards: (For U.S. accounts only)

We accept Visa, Master Card, or American Express ONLY! All Credit Card
sales must be shipped to the billing address of the credit card.

Prices:

All prices are quoted Ex-warehouse Temecula, California, USA.

International Payment Terms:

Payment terms for international sales are prepayment by wire transfer, U.S. dollars only. We do not accept international credit card payments nor Letters of Credit (L/Cs). Customer is responsible for all fees deducted from wire transfer payments, including sending and intermediary bank fees. Please indicate “No Fees to Beneficiary” in the Reference Section or other appropriate section of your wire transfer advice. Customer is also responsible for short payments resulting from fluctuations in currency conversions. Prior to shipment, Evertek will advise customer of modifications to orders that are necessary because of short payments received.

International Shipments:

International customers are responsible for determining their country
duties, tariffs or taxes. For international shipments over 450kg we can
provide prepaid freight quotes to major airports on a "door to airport"
basis.

Truck Shipments:

If no other method of shipment is specified, Evertek will ship via the
least expensive qualified carrier available. If this is a concern, be
sure to specify how you want an order shipped. (We use only reputable
national carriers).
Although you will have the option to insure your truck shipments,
(common carriers like Yellow Freight, Roadway, etc.) it is STRONGLY
advised that you carry separate inbound insurance. Shipments for
computer products are classified as a 92.5 tariff and trucking companies
have a limited liability of $5.00 per pound if a box is lost or damaged.
This means that if a 30lb. box containing (10) hard drives is lost
(valued at $80.00 each the box has a $800 value), the claim would only
pay out $5.00 x 30lbs = $150.00. It is for this reason that we strongly
suggest that you have insurance to cover you for such a situation.

You Pay Shipping Charges:

When you place an order, after you get to the final confirmation page,
we will immediately email you a confirmation of your order. Should you
discover any errors, please contact us immediately. Freight charges may
be blank on the confirmation. Once freight charges are calculated and
the order has shipped we will email you again with shipping charges and
tracking numbers.

Refused Shipments:

If a shipment is refused for any reason, customer is responsible for the
freight charge incurred. Evertek also reserves the right to charge a
20% restocking fee (which we also may choose to waive).

Manufacturer Direct Warranties:

If there is a Manufacturer Direct Warranty, we require that you return
the unit direct to Manufacturer, unless the unit was DOA (within 7 days
after receipt).

Warranty Limitations:

Evertek cannot warrant an item that has been improperly used or physically damaged.

RMA's:

RMA Numbers are valid from 14 days after issuance. After you get an RMA
number, please send the item(s) in immediately.

Fitness of Purpose:

Evertek cannot warrant any product as fit for any particular use or
purpose. We strongly recommend customers evaluate a sample unit to
determine by their criteria whether a product will work in their
configuration. In the world of computers there are many products that
may be incompatible with a certain brand or certain parts. In cases
like this it is your responsibility to resell the product into a
standard application in which the part will work. We are unable to take
parts back because they will not work in particular brand product if
they function correctly in others.

Defective Products:

Any damages arising from a defective product to be limited to a refund
of the purchase price only.
Defective items will be replaced with either a repaired or refurbished
unit (even for DOA's). If no replacement unit available within 30 days,
we will issue a credit memo. Credits expire 6 months after date of
issuance. A credit memo can be refunded if not used on an order for 30
days. Refunds will be issued via the original payment method used for
the purchase. RMA credits are for product only and do NOT include any
reimbursement for shipping charges.

All Sales are Final:

All sales are final. Returns of product, other than with defect, are
subject to a 20% restocking fee. No returns are allowed after 14 days
after receipt.

48 hour Grace Period for Returns:

Returns are allowed, but only within the first 48 hours after receipt,
for any orders that are not to your expectation. Returns after this
time period are at the complete discretion of Evertek and will incur a
substantial restock fee.

Damaged Items or Missing Parts:

Damaged items or missing parts / accessories not as advertised must be
reported within 7 business days of receipt of product.

Warranty Repair:

Any items sent back for warranty repair must have been tested bad prior
to returning the part. We will charge a service fee should we find a
returned item in working condition.

Defective Item Return:

Customer MUST CAREFULLY PACK defective items being returned, as if they
were new and working, with ALL originally included parts and accessories. FAILURE TO DO SO may invalidate both the RMA and
the warranty.

LIMITED WARRANTY:

Warranties may be limited on some items. Please check our sales
literature and your invoice to verify the warranty is as expected.

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